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Q: What is evidence?

A: The chain of evidence that must be proved or the proof

required to be able to claim damages is that, it must be
A: A means of ascertaining the true facts shown that the rice was shipped in a good condition and
that it is already damaged when it arrived.
Q: Do Rules of Evidence differ from court to court?
Q: What is Additional Evidence?
A: No. Under the principles of uniformity, unless an
exception is provided. A: It is that which proves the same point as the first.

*Rule of Evidence is a procedural law. Q: What is Corroborative Evidence?

*Substantive law – law that creates rights statutes and
obligations. A: It is that which differs from the firs evidence. It is an
evidence of a different kind and character.
Rules of Evidence can be applied to cases pending when
it was issued because there is no vested right hereof as a Q: In a contested action for support, the man denied that
general rule. he fathered the child. What could be the evidence of a
different kind that would prove the same point>
 XPN: When the law requires higher weight of
evidence to establish the case, Rules of Evidence A: A negative DNA Test.
cannot lower such weight required or the rule
could be regarded as ex post facto. SQ: What kind of evidence is the first?

Rules equally apply to civil and criminal cases because A: Testimonial evidence.
both seek the truth. But certain rules apply only to criminal
cases like dying declarations. SQ: What kind of evidence is the second?

Q: Are Rules of Evidence applicable to quasi-judicial A: Scientific evidence.

Q: What is Cumulative evidence?
A: Yes, but it applies suppletorily and not is not controlling.
 Example: Photocopy of a document is A: It is an evidence of the same kind as that already given.
2 Elements for an Evidence to be Admissible:
Q: Proof vs. Evidence 1. Relevant to the facts of issue
2. Competent if it is sanctioned or not excluded by
A: Evidence is the means used to establish proof, while the Rules.
proof is the sum effect of all evidence presented,
producing a belief. Q: When will the court determine if evidence is admissible
or not?
Q: Factum Probandum vs. Factum Probans A:
1. For object evidence, when it is shown to the court;
A: Factum Probandum – fact to be ascertained. 2. For testimonial evidence, when counsel call the
Factum Probans – means for ascertain the fact. witness and states the purpose of his testimony;
3. For documentary evidence (not deemed offered
 Example: Factum probandum in murder is when identified or marked)
ascertain treachery. Factum probans is to prove
another fact. Q: When must objection to evidence be made?

Q: Why is Factum Probandum and Factum Probans A: When it is offered, as soon as the ground for objection
important? arises.

A: Because the fact proving another fact is intended to Q: When is evidence relevant?
induce a belief.
A: When it induces a belief in fact in issue; or when it has
Q: Can a Factum Probandum be a Factum probans at the probative value as to the truth of the disputed fact.
same time?
Q: What would be the relevance in a murder case if the
A: Yes. Example is the chain of evidence in illegal drugs. evidence that the victim was shot on the back?

Q: What is the evidence that the vessel is liable to damage A: It would prove the element of treachery.
to rice that was shipped?
Q: Whether or not it rained, would the evidence that Q: IS a ruling on relevance of evidence subject to review
grounds were wet be relevant to the issue? on appeal?

A: Yes, such inference would be reasonable and relevant A: As a rule, no because such matter is subject to trial
based on human experience. (The point is relevance and judge’s discretion. As an exception, when there is a
not the truth.) wanton disregard.

2 ASPECTS OF RELEVANCE: Q: The court excluded accused Juan’s confession to his

1. CONNECTEDNESS – it directs toward a fact in friend when this was offered against Cesar, his co-
issue or connected to it. accused, on the ground of lack of independent proof of
2. PROBATIVE VALUE – the evidence has a conspiracy. Can the prosecution offer Juan’s confession
tendency to establish the proposition sought to be against himself?
A: Multiplicity of evidence applies. All requisites for
Q: When is evidence irrelevant? admissions have been met.

A: When it has no probative value. Q: Can a chemist be presented to testify that the seized
substance he examined was a prohibited drug, even
Q: Is evidence on collateral matters allowed? when police who seized had not yet testified that he had
seized he substance from the accused? Can the
A: GR: No, because it does not have direct relevance to testimony of the chemist be admitted as evidence?
the issue of the case.
XPN: When it tends to establish the probability or A: Ordinarily no, but it can be conditionally be admitted.
improbability of the fact in issue.
Q: Who has the burden of seeking to introduce connecting
Q: Would evidence that the accused fled the scene of the evidence that was conditionally admitted?
homicide be the regarded as evidence of guilt?
A: The party in the case who objected to its conditional
A: Yes, but he should show that he fled not out of guilt but admittance must seek its exclusion…
out of fear from being regarded as the author of the crime.
Q: If evidence of bad reputation of a party is not relevant
Q: What collateral evidence will prove that the warehouse but the court allowed it, may the accused be allowed to
owner committed arson? counter by evidence of his good reputation?

A: A: Yes, under the principle of curative admissibility.

1. He took heavy insurance, overstated the price of
the insurance; Q: Direct evidence vs. Circumstantial evidence
2. He is financially distressed; and
3. He has inconsistent explanation on how the fire A: Direct – without aid of inference or presumption.
started. Circumstantial – sometimes called indirect or collateral
evidence; evidence of fact which when taken together…
Q: Do the following have probative value to prove that if a
student stole the i-pad of another? Example: Circumstantial evidence in killing:
1. Antecedent – quarrel
1. Testimony that witness saw the suspect take the 2. Concomitant – footprints
other student’s iPad – Yes 3. Subsequent – death
2. Saw the suspect afterwards holding the iPad that
had distinctive cover – Yes Q: Would evidence on collateral or circumstantial matters
3. Shortly before the loss, the suspect was heard to be allowed?
say that he wanted to own an iPad – Yes
A: No, except when it tends to establish the probability or
Q: Can a court disallow evidence even if it is relevant and improbability of the fact in issue.
*Direct is preferred, not circumstantial.
A: Yes, when its admission will:
1. Cause undue prejudice (e.g. inflammatory Q: Will presentation of direct evidence bar the
photographs) presentation of circumstantial evidence?
2. Only confuse the issue
3. Cause undue delay; or A: No, because circumstantial is often useful to
4. Amount to needless presentation of cumulative corroborate.
evidence. (e.g., when it is voluminous)
KINDS OF CIRCUMSTANTIAL MATTERS THAT MAY A: A person cannot be in 2 places at the same time.
1. ANTECEDENT – those that precede the fact in Q: Is alibi a good defense?
2. CONCOMITANT – those that surround or A: Yes, because it may acquit the accused. Exception is
accompany the fact in issue; and when the accused is identified as when the witness
3. SUBSEQUENT – those that occur following the categorically pointed out to the accused.
happening of the fact in issue
Q: Can a weak alibi be taken against the accused?
Example of Relevant Antecedent Collateral Matters:
1. Moral character of a party. A: No, he should be acquitted.
2. Customs of a place
Q: Can alibi overcome positive identification?
Significant Examples:
1. Motive A: Yes.
2. Existence of a plan, design, or agreement to
commit an act… Examples of Subsequent Collateral Facts that show
possible guilt:
MOTIVE – inner drive, impulse or intention that causes a 1. Flight
person to act in a certain way. 2. Concealment
3. Nervousness
Q: Is evidence of motive indispensable? 4. Despair
5. Fingerprint
A: As a rule, no, but in certain cases, motive is needed 6. Articles left by the accused
such as in libel and slander, wherein malice is an element. 7. Resemblance
8. Blood stains
Q: When is motive important in a criminal case even if it 9. Offer of compromise
is not an element? 10. Possessor of stolen articles or counterfeit notes

A: When there is doubt as to the identity of the accused. Q: Is non-flight evidence of innocence?

Q: How do Concomitant Circumstantial Matters affect an A: If taken with other circumstance, including absence of
issue of fact in the commission of a crime? positive identification, it could not be taken against the
A: By establishing the opportunity for the accused to
commit the crime. Q: When is a test regarded as positive evidence?

Q: When is evidence of opportunity important in A: When the witness knows and affirms that a fact took
establishing the case against the accused? place or did not take place.

A: When there is no direct evidence that the accused Q: When is testimony regarded as negative evidence?
committed the crime.
A: When the witness did not see or know that the fact has
Q: Must opportunity be exclusive to him for such evidence taken place.
to be useful?
*Positive has greater weight.
A: No, as when there are other circumstances…
Example: Witness testified that one drank and the other
Q: When is evidence of incompatible concomitant did not. Both are positive evidence or assertions.
circumstance useful?
A: (Example: fact that only 1 accused shot the victim
constitutes ICC evidence) Q: Who has the burden of showing whether a particular
evidence is competent or incompetent?
Q: Explain how the principle of ICC makes it unlikely for a
donor who hated the done to have made a generous A: A party who asserts that it is incompetent.
donation to the latter.
Q: Is the confession made by the accused to the police
A: Hating someone is incompatible with the idea of relevant?
making a generous donation.
A: Yes, since a person’s confession that he committed a
Q: Explain how alibi is an ICC that precludes guilt. crime is an evidence of guilt.
Q: When is evidence credible? Q: Is there a presumption of employer-employee
relationship between a driver of a vehicle and is owner?
A: When it induces belief.
A: None, but a person driving someone’s car may be
*A person in noble profession enjoys presumption as a presumed to have been authorized by the owner.
neutral witness and not a bias witness.
Q: Can the legislature enact a law which provides that
*No rule excluding lies as evidence. when certain facts have been proved, these facts shall be
prima facie evidence of the offense?
*Not necessarily that denial can be given credence
especially is there is an evidence such as fingerprint on A: Yes, the legislature can…
the knife used.
Q: May a presumption take the place of evidence and
*The court should admit as evidence when there is a support a decision?
doubt as to the admissibility of the testimony given in
court. A: Yes, when the presumption is entirely not contradicted
or rebutted by competent evidence.
For admission given, if the judge erred in his ruling and
excluded the testimony, the CA is precluded in reversing. Q: What is the consequence when the presumption of
Remedy: TENDER OF EXCLUDED EVIDENE innocence is in conflict with the application of another
presumption in a case?
Q: Can a trial judge go to the scene of the crime and
interview people who may have seen it happen? A: The presumption of innocence is highly favoured, thus,
most other presumptions must yield to it.
A: As a general rule, no. But as an exception, the judge
may be allowed though it must be limited to the evidence Q: What must a party show so he could benefit from a
adduced. presumption established by the rules?

Q: Duty of the litigant with respect to their respective A: He must first establish the basic fact from which the
claims. presumed fact arises.

Q: Judge happens to have personal knowledge of certain Q: Can a presumption rest on another presumption?
facts that are relevant to the issues in the case before him.
What shall the judge do? A: GR: NO because it must be based on facts not on
another presumption.
A: The judge should inhibit himself.
*It is the duty of the City Treasurer to ascertain correct
Q: What is a presumption?
Q: What is the consequence when a party has, by his own
A: An inference that a fact, not actually known, exist, declaration, act or omission, intentionally and deliberately
because of its usual connection with a known existing led another to believe a particular thing true, and to act
fact. upon such belief?

Q: Does a presumption in favour of a party shift the A: Estoppel.

burden of going forward with the evidence to the other
party? Q: Elements of this kind of estoppel in relation to the party
guilty of it?
Q: Who has the burden of proof when a party puts a 1. Party guilty of estoppel made a false
presumption in issues by denying it? representation inconsistent with the facts that he
subsequently attempts to assert;
A: 2. He intended his false representation to be acted
upon by the other party; and
Q: What justifies the rules establishing presumption of 3. He has actual or constructive knowledge of the
fact? real lfacts.

A: Regularity of one fact if the other although short of Q: Elements of this estoppel in this rule in relation to the
absolute truth, establish truth with as much party invoking the benefit of estoppel:
reasonableness as judicially noticed facts. 1. He lacked knowledge on the means to ascertain
the truth of the fact in question;
2. He relied in good faith on the representation Q: Can a person deny knowledge of the terms of the
made to him; and contract he had signed?
3. He acted based on the representation made to
him, to his prejudice. A: Ordinarily, he cannot. The presumption is that he would
not sign a document which contents are not known to him.
Q: An heir represented some minors in a suit for partition.
Can such heir be allowed to impeach…? Q: Can this presumption apply to a person who is unable
to read?
A: No, he is in estoppel.
A: Yes, such person is negligent if they did not ask that
Q: Does a person has a right to rely on presumption the contract be read to them?
before he acts?
Q: So what happens when a party wants to enforce the
A: Yes, it is satisfactory if not contradicted. contract?

Q: What is the presumption when a person is found in A: The person enforcing the contract must show that he
possession of a thing taken in the doing of a recent had read the contents to the illiterate.
wrongful act?
Q: Would the presumption of appr… of adverse evidence
A: Presumption is that he is the taker and doer of the apply where such evidence is available to both the
wrongful act. defense and the prosecution?

*The reason for the presumption of regularity is A: No.

Q: Would the plaintiff’s failure to offer in evidence a
*Take note of DISPUTABLE PRESUMPTIONS under the disposition he had taken of the adverse party amount to
Rules of Court wilful suppression of evidence, justifying a presumption
*3 Persons presumed death by reason of absence. that such testimony would have been adverse?

Basis of presumption of innocence in criminal case: A: No since disposition is also accessible to the
Principle of justice is not intended to protect the guilty but defendant.
to prevent conviction of the innocent. However,
presumption of innocence disappears after conviction. Q: A witness saw the defendant signed the document and
that if presented would show defendant’s liability.
*Presumption of sanity. Defendant’s failure to present his books of evidence
*Act from which the presumption springs must be a corroborate the testimony of the witness.
criminal act not just a wrongful act; otherwise, the
presumption does not arise. Wrongful act is not presumed A: Yes.
because of a wrongful intent.
Note: Informant may be dead already. Suppression in
drug cases will not apply. It may also be due to protection
FEB. 1, 2018 of the informant working as incognito.

Q: It is said that a person presumably intends the ordinary Accused knows the informant but the latter was not
consequences of his voluntary act. Can he show that the presented, the accused should himself have called the
things that happened are completely different to what is informant to testify through a subpoena.
Accused has the right to remain silent and no adverse
A: The presumption is disputable. inference should be drawn from him refusal to testify in
his defense.
Q: When a person sells his property for much less than its
true value, is it presumed that his consent had not been Inference can be made that a party fabricates evidence, if
properly given and that the sale should be annulled? truth would be detrimental to the intent of the party who
fabricated the evidence.
A: No. All men are presumed sane and normal, motivated
in the same way as others. Life is sometimes a conduct Presumption if a creditor still has in his possession the
of wits and good judgments. The law furnishes no promissory note of the debtor is that the latter has not paid
protection to the inferior simply because he is inferior, any yet.
more, that it protects the strong because he is strong. The
law protects both. Possessor of a stolen article is presumed to be a principal
unless he satisfactorily shows his innocence and
possession thereof.
A: Yes, but it does not extend to unusual and
Accused is presumed to have stolen all the goods more extraordinary contracts.
than what he has taken from the owner even though he Q: How presumption of regularity of official act be
only has in his possession a portion thereof. rebutted?

Presumption that possessor of a recently lost article is a A: Evidence of irregularity or failure to perform a duty.
thief: Adverse presumption when the act is irregular on its face.
1. Theft has been committed; Presumption of regularity, if not in excess of his powers
2. It was recently committed; and duties.
3. Accused is in actual or prior possession of the
stolen articles; Q: What presumption do police investigation reports
4. Unable to explain his possession satisfactorily. enjoy?

Q: What justifies the presumption that the person who A: That they have been prepared in the regular
used a forged document is the forger? performance of their duties. But there is no presumption
of truthfulness because presumption of innocence
A: If the person used it, USER of the forged document is prevails.
the FORGER; It can hardly have a direct evidence;
usually it is secretly done. Presumption of proper service of summons.

Q: Would it follow that a person usually assigned to Priests/church ministers have no duty to investigate
prepare vouchers of the kind that was forged is its forger? licenses that have been validly issued by the OCR. There
is a presumption of validity.
A: No. It is unreasonable especially when it is not shown
that he profited. Presumption that competent court has their acts done
Q: If a person is caught spending counterfeit money, is
there a presumption that he is the counterfeiter? Fact does not appear in the record, presumed that
requirements of law have been complied with.
A: Yes, but he can show that he acquired and spent it
innocently. If a return shows service of summons at the wrong place
and upon a person not defendant, there is no presumption
Note: Presumption of a bank inspects a check deposited of regularity because it is irregular on its face.
within 90 days from date of issuance for insufficiency of
funds is that the issuer intentionally issued the check. No presumption that accused was brought to trial when
the records do not show such because no way that the
Q: Bases of presumption that a person in possession of CA can review what has been in the trial.
property has right to do so.
General presumption regarding the conduct of persons:
A: True owner would not let another keep his property All act fairly, honestly and in good faith.
without his permission.
Courts do no presume from state of facts, injurious to the
Presumption that possession of a thing by an agent is that fair dealing and common honesty: Presumption of care
it is that of his principal or employer. not negligence subject to exception in case of breach of
contract of carriage.
Reason for presumption that a person in public office was
regularly appointed or elected to it. Presumption of honesty and fair dealing in artificial being.

Public officers are presumed to have properly discharged Consideration is presumed.

the duties of their office.
1. Innocence is presumed Indorsement came after the check matures to destroy the
2. Oath has not been violated presumption.
3. Republican form could only survive wit trust and
confidence Basis for presumption that writing is truly dates is it was
intended by the parties.
Frequently extend to corporate acts – regular
performance No presumption that all signatures signed at the date
indicated in the instrument. Signatures are collateral to
Q: Is there a presumption of authority to execute contracts presumption of date which cannot be presumed.
in the corporate name?
Post office is a public agency, which enjoys presumption
of regularity,
Q: Does this presumption apply to letters sent from private Clear and convincing evidence – lies between
office like placing the letter in the outgoing basket for preponderance and beyond reasonable doubt.
For what purpose has clear and convincing evidence
A: No. Actual proof that the letter was placed in the mail… been applied?
or …
1. Extradition
Presumption of the addressee’s receipt of the letter is 2. To prove self-defense
conclusive and may not be overcome by mere denial of 3. To set aside a notarized document
such receipt. 4. To establish bad faith
5. To prove bias of a judge
Actual receipt must be received to prove actual service of 6. To prove fraud in civil action
the pleadings to the defendant. 7. To prove forgery in civil action
8. To prove right to conveyance of property
Presumption of loss of vessel or ship which cannot be 9. To prove frame-up in drugs cases
accounted for. 10. To prove denial or alibi in criminal cases
11. To warrant award of moral damage in labor
If relevant to the resolution of the case, action for 12. To overcome regularity in the exercise of police
presumption of death in 7 years may be invoked. function

No independent action for declaration of presumption of Evidentiary Weight of Electronic Evidence

death; exception is for purposes of marriage.
(a) The reliability of the manner or method in which it was
No presumption of marriage if one of them is living in generated, stored or communicated, including but not
scandalous life. limited to input and output procedures, controls, tests and
checks for accuracy and reliability of the electronic data
Proof required to overthrow presumption of legitimacy of message or document, in the light of all the circumstances
a child is proof beyond reasonable doubt that husband as well as any relevant agreement;
had no access to wife to be the child’s father.
(b) The reliability of the manner in which its originator was
Legitimacy of a child cannot be attacked collaterally. It identified;
cannot be contested by way of defense especially if action
is for different purpose. (c) The integrity of the information and communication
system in which it is recorded or stored, including but not
Presumption of legitimacy even if mother declared limited to the hardware and computer programs or
illegitimacy. software used as well as programming errors;

Party who has the burden of proof is the party who wants (d) The familiarity of the witness or the person who made
to terminate known, continued existence of a thing. the entry with the communication and information system;

No presumption of violation of law because the (e) The nature and quality of the information which went
presumption is that the law has been abided. into the communication and information system upon
which the electronic data message or electronic
Persons are not presumed to know private regulations document was based; or
even though founded upon statute and used for its
enforcement. (f) Other factors which the court may consider as affecting
the accuracy or integrity of the electronic document or
A child does not presume legitimacy or illegitimacy if born electronic data message.
after 300 days following the dissolution of the marriage or
separation of spouses.
FEB. 6, 2018
Legitimacy – burden of proof upon he alleges it.
Q: Does a party to the case need to present evidence to
Criminal Case – Proof Beyond Reasonable Doubt; all establish every fact he needs to support his claim?
element of the offense or crime must be proved.
A: No, the court can take judicial notice of certain facts.
Civil case – Preponderance of Evidence; all must be
required to establish evidence. Commonly known facts are deemed proven even it no
evidence has been adduced regarding them.
Writ of Amparo – Substantial evidence
Convenience and expediency demand their acceptance Matters which ought to be known to the judge. (Ex:
as fact. matters of judicial functions like records of the
Discretionary Judicial Notice; Requisites
Judge cannot take judicial notice on the matter in
1. Acquired in the source of ordinary experience
2. Capable of unquestionable demonstration Test for taking judicial notice or matters of lublic
3. Ought to be known to judge because of their knowledge?
judicial functions  Notoriously known
 Universality of knowledge or belief
Matters that are capable of unquestionable  Known to most men
demonstration: pertain to fields of professional and
scientific knowledge. When the rule and law compel judicial notice, it is
Matters of unquestionable demonstration about
demonstrating fact before the judge? NO. Refusal of judge to take judicial notice of Sec. 1, Rule 129:
matters of notoriety, not judge’s personal knowledge
Judge ascertain a fact by unquestionable demonstration
by consulting materials in common use to ascertain the Judicial notice of acts of foreign governments or existence
fact. of threats against their stability? Not always because
courts must defer to the executive department’s
Looking into standard science textbooks that explain prerogative in granting or withholding recognition to the
these principles such as scientific principles used in x-ray acts of foreign governments. Any undue judicial acts in
and ultrasound machines that could see images of body this regard would embarrass our government.
Stages when judicial notice may be taken:
The facts that judge may take judicial notice because they 1. During trial, on motion or motu proprio
can be found in standard reference materials: 2. After trial and before judgment on appeal
1. Historical facts and known events in immediate
past Treaties are in the nature of law.
2. Geographical facts
3. Natural laws and phenomenon of nature (ex. Foreign laws must be proved:
Changing seasons) 1. By authenticated official publication
4. Arts and sciences (ex. Weights and measure, 2. Certified copies
combustion system, infectious nature of diseases
and thumb marks) When can courts take cognizance of foreign laws:
5. Customs and usage provided they are: 1. Such law affect Philippine sovereign interests
a. Generally known 2. Where local court has access to unquestionable
b. Established; and information
c. Uniformly used 3. When Philippine law is borrowed from foreign law
Examples: methods of closing sales in fish or statute and examination of the latter would help
markets, the banking practices regarding time ascertain legislative intent
needed to clear checks
6. Religious matters The Court may take judicial notice of the following:
7. Commercial practices (examples: rate of 1. Learned treatises when the writer is well-known
exchanges, corporations, VAT) 2. Administrative rules issued by government
8. Habits and traits (ex. Life expectancy, human agencies. These are subordinate legislations to
gestation, physical characteristics, variations in carry out the purpose of the law, provide details
handwriting, and instincts of self preservation) in the application of the law. Although these are
9. Diseases and infections not notoriously known, they are capable of
10. Fact that Philippines is in typhoon belt unquestionable demonstration through official
The Rules allow the Court to hold a hearing on a matter 3. Presidential proclamation and SCRA
that it intends to take judicial notice of. 4. Executive grants of amnesty but not specific
orders of executive clemency
Hearing takes place after trial and before judgment and 5. Municipal ordinance (only MTC of the
on appeal. municipality and by RTC on appeal)
6. Affidavit attached to the record of a case pending
CA reviews trials taking of judicial notice of certain before it. (cannot be considered as evidence
matters. because not testified and not cross-examined;
only as to its existence)
7. GR: Records of “other” cases assigned to a court No need to formally offer admission of the party that he
cannot be taken judicial notice of. has made in the pleadings; must only sign the portion of
pleading where the judicial admission was made.
1. Jointly tried cases and are closely Authenticated and offered extrajudicial admission in
interwoven; another case if presented in evidence.
2. Parties so stipulate
3. Public has an interest in case Accused testifies in his defense during trial are not his
4. Necessary to ascertain whether or not a declarations in the nature of judicial admission but it can
previous ruling applies to the new case be used against him.

8. Well-known person’s standing in business Judicial admission with presentation of evidence and is
incompatible with the idea that it results from taking the

Q: What does “admission” of an alleged fact mean?

Feb. 8, 2018
A: “to agree to its truth”
Documentary Evidence, Classification
Admissions of your opponent do not require proof – 1. Public
verbal/written admissions that makes in the course of the 2. Private
proceedings in the same case, do not require proof.
Authentication of a writing means that the writing is what
2 Requisites of Judicial Admissions: it is claimed to be.
1. A party to the case made it; and
2. In the course of the judicial proceedings It is necessary to authenticate documents to check on the
(complaints, answers, incidental motions, perpetration of fraud.
manifestations; verbal admissions during the trial
and hearings) Authentication may be waived.

Universal principle in judicial admissions – estoppel Q: How can authenticity of a letter be shown other than
by the identification of the signature?
GR: No 1. The character, spelling, or style of composition
XPNs: Palpable mistake; no such judicial admission was unique to the writer;
made 2. By the tenor of the letter, its subject being known
only to the writer and recipient; or
1. Admission in pleading and motions Q: Suppose the witness wrote a letter and received a
2. Stipulations; pretrial reply to it. How will he authenticate the reply thereto?
3. During the trial
4. Answers to requests for admission and A: By showing:
interrogations to parties 1. That it is a reply to a prior letter and received in
mail in due course;
Deemed to admit what his opponent stated – no specific 2. That the reply letter enclosed a paper that was
denial sent in the original letter;
3. That the envelope contains the postmark of the
Not deemed admitted: (ignored by courts) addressee of the original letter; or
1. Averments of conclusions 4. That the letter referred to the contents of the
2. Non-ultimate facts original letter
3. Unliquidated
4. Contradicting statements Q: How is a computer record authenticated?

Hypothetical admissions in motion to dismiss are not A: By testimony that the record is a printout from the
binding precisely because they are hypothetical. computer.

*Counsel’s admissions regarded as judicial admissions of Q: When is evidence of authority of private document not
his client. necessary?

Judicial admission does not necessarily prevail. A: When the private document is more than thirty years
Therefore, the court may still admit evidence. old, is produced from a custody in which it would naturally
be found if genuine, and is unblemished by any alterations A: All other public documents are evidence, even against
or circumstances of suspicion. a third person, of the fact which gave rise to their
execution and of the date of the latter.
Q: Does such authentication ensure admissibility of
ancient document? Q: Does the rule of authentication apply to public
A: No, it only dispenses with proof of its genuineness.
A: No. Public documents are admissible without proof of
Q: How is genuineness of handwriting proved? authentication.

A: By any witness who believes it to be the handwriting of SQ: What are the reasons for this?
such person because:
1. He has seen the person write; or 1. NECESSITY – since it is not practical to require a
2. He has seen writing purporting to be his upon public official to come to court and testify to the
which the witness has acted or been charged, prejudice of his duties.
and has thus acquired knowledge of the 2. TRUSTWORTHINESS – since entry is made in
handwriting of such person, meaning that he is the course of official duty subject to penalty for its
familiar with it. breach; entry is routinely and disinterestedly
Q: How may one who, unfamiliar with a handwriting,
authenticate it? Q: Are contents of public documents conclusive evidence
of the facts stated in it?
A: By a comparison, made by the witness or by the court,
between the questioned writing and the writings admitted A: No, only prima facie evidence of its truth.
as genuine by the adverse party, or proved to be genuine
to the satisfaction of the judge. Q: What kind of evidence can overcome the presumption
of truth of the contents of a public document?
Q: What is the effect of the failure of the proponent to ask
the witness why he is familiar with the handwriting in A: A high degree of proof, more than a mere
question? preponderance of evidence, is needed.

A: None, but he may be cross-examined on it. Q: How is the record of the written official acts, or records
of the official acts of the sovereign authority, official
Q: On what does the value of expert testimony depend? bodies and tribunal and public officers, whether of the
Philippines, or of a foreign country proved?
A: On the assistance he provides in pointing out,
distinguishing marks, characteristics, and discrepancies A: By an official publication or a copy attested by the
in and between genuine and false specimens of officer having the legal custody of the record, or by his
writings… deputy, and accompanied, if the record is not kept in the
Philippines, with a certificate that such officer has the
Q: What should ideally be the date of the execution of the custody.
standard for comparison?
Q: Who will issue the certificate if the record is kept in a
A: The standards must be as close as possible to the foreign country?
questioned document in point of time.
A: the authorized officer in the foreign service of the
Q: May expert use handwriting standards taken during the Philippines where the record is kept, authenticated by the
trial? seal of his office.

A: No. The paper must be written, not by wilful design, but SQ: What must the attestation state?
without any constraint or is voluntary and unconscious of
the result. A: It must state, in substance, that the copy is a correct
copy of the original or a specific part of it.
Q: What is the evidentiary value of entries in public
records? Q: May a public record be removed from the office in
which it is kept?
A: Entries in public records made in the performance of a
duty by a public officer are prima facie evidence of the A: No, except upon order of a court where the inspection
facts stated in them. of the record is essential to the just of a pending case.

Q: What is the evidentiary value of all other public Q: How is an authorized public record of a private
documents? document proved?
A: By the original or a copy of the same, attested by the In case of wills – after it was signed.
legal custodian of the record, with an appropriate
certificate that such officer has the custody. Alteration are viewed with distrust.

SQ: Is it the private writing that is regarded as the public Q: Does absence of a seal matter in private documents?
A: NO, insofar as their admissibility as evidence is
A: No. What is considered a public document is the public concerned.
recording of it.
Q: What is the requirement for admissibility of document
Q: How is lack of record proved? subject to documentary stamp tax?

A: By written state of the official custodian or his deputy A: Not admissible in evidence unless the documentary
that after diligent search in the record of his office, no stamp tax has been affixed.
record or entry of a specified tenor is found to exist in it,
accompanied by a certificate that he is its custodian. Q: What is required for admissibility of document written
in unofficial language?
Q: How is judicial record impeached?
A: It shall not be admitted as evidence, unless
A: By evidence of: accompanied with a translation into English or Filipino. (to
1. Want of jurisdiction in the court or judicial officer; avoid interruption of proceedings)
2. Collusion between the parties; or
3. Fraud in the party offering the record, in respect Q: Can the court consider authenticated documents that
to the proceedings. have not been formally offered?

Q: Is proof of execution and authenticity required of a A: No, they must be formally offered, with the specified
notarized document? purpose for which the evidence is offered.

A: No and neither is there a need for the notary public to Q: Briefly outline the procedure on how to present
testify. A notarial document is evidence of the facts documentary evidence.
expressed in them. But an affidavit is not admissible in
place of court testimony because it would amount to A: 1. Counsel will ask the witness to identify the document
hearsay evidence. and then have it marked. Counsel does this by merely
pointing to the document as the one that the witness
Q: How will a party offering a document as genuine, which referred to in his testimony. In marking, the plaintiff and
has been altered after execution, in a part material to the the prosecution will use capital letter. (Exhibit A, etc.);
question in dispute, explain the alteration?
2. The witness will then authenticate the document,
A: He must account for the alteration. He must show: meaning that he will testify that it is what he claims it to
1. That the alteration be. The purpose is to show that the document is not a
a. Was made by another, without his forgery.
concurrence, or
b. Made with the consent of the parties 3. The adverse party can inspect the document.
affected by it, or
c. Was otherwise properly or innocently 4. The proponent will, before he rest his case, make a
made or formal offer of the document, stating the purpose for
2. That the alteration did not change the meaning or which it is offered as evidence.
language of the instrument
5. The adverse party may object to the admission of the
If he fails to do so, the document shall not be admissible documentary exhibit.
in evidence.
Q: What is required before a witness begins to testify?
Q: When will the party presenting a document explain the
alterations in it? A: The party presenting him must formally offer his
A: During the presentation of the document, not
afterwards. SQ: Would failure to make such a formal offer be fatal to
the testimony?
Q: What is the presumption as to the time of the alteration
of an instrument? A: No. It may still be admitted, if not objected to.

A: In case of deeds – before it was signed.

Q: Where the offer of a documentary exhibit is genral and A: It is documentary evidence when offered to prove its
it is admissible for one purpose but inadmissible to contents. And it is object evidence when offered to prove
another, should it be admitted? its existence or condition…

A: No. It should be rejected. Q: When the document is presented to show it is forged,

does the party offering it have to comply with the
Q: What are testimonial documentary, and object requirements of documentary evidence?
evidence offered?
A: No need since it is not being offered as such.
 TESTIMONIAL EVIDENCE – at the time the
witness is called to testify. Q: The accused in a rape case presented a ring that
 DOCUMENTARY AND OBJECT EVIDENCE – belonged to the complainant woman and bore her name.
after the presentation of party’s testimonial She supposedly gave it to him in acknowledgment of their
evidence. amorous relations. Is the ring a proper object evidence in
the case?
Q: In what form will the offer be made?
A: Yes, provided its authenticity is shown. The ring implies
A: Orally unless allowed by the court to be done in writing. close intimacy between them, making the rape unlikely.

OBJECT EVIDENCE Q: Suppose the ring turned out to be too large when she
tried it on at the trial. Is it useful as object evidence for the
Q: What are objects as evidence? prosecution?

A: They are evidence addressed to the senses of the A: Yes, to belie the claim of intimacy that the accused
court. made.

Q: What will warrant the presentation of object evidence Q: The oppositors claimed that the will was void since the
in a case? deceased and his witnesses signed it on different dates.
But, although two witnesses said they used only one pen
A: Its relevance to a factual issue. on just one occasion, the signatures bore several colors.
Is the variance in the colour proper object evidence? If so,
SQ: And how are object evidence presented in court? what does it indicate?

A: A: Yes. It indicates that the two witnesses rather signed

using several pens of different ink colors. It is even
Q: What are the 3 sources of knowledge or belief? probable that they signed the will on different occasions.

1. The testimony of a witness. Q: To what physical senses of the court does evidence
Example (from Wigmore): we believe that the man has apply?
iron hook for a hand because a witness saw it.
2. Circumstantial evidence A: It applies the judge’s senses of visions, hearing, taste,
The belief is drawn by inference from surrounding smell, and touch. Examples of how this is done:
circumstances. 1. Sense of vision by examining the object;
Example: We believe he has a hook hand because of the 2. Sense of hearing by playing a recording or
hook marks he left on some things he grasped. singing of song when it is material to issue;
3. Sense of taste by sipping the liquid to determine
Q: Give an example of an object evidence. if it is a fermented cider;
4. Sense of smell by sniffing the bottle’s content to
A: Physical or tangible evidence such as guns, bullets, know if it is whiskey;
wearing apparel, written contracts, defective product, 5. And sense of touch by holding the hand of
patented invention, trade mark. complainant who said the accident affected his
hand and made it cold all the time.
Q: How does object evidence compare with other kinds of
evidence in terms of probative value of convincing power? Q: How does object evidence enhance a testimony?

A: Object evidence has the highest probative value. A:

Q: When is a document regarded as documentary

evidence and when is it regarded as object evidence? FEB. 13, 2018

1. Specimen in wiritng
2. re-enact his action A: No, in fact an oral demand in open court would be
Remedy if the object cannot be brought into the
courtroom: If refusal of adverse party to produce the original
 OCULAR INSPECTION conducted by the judge document, it is a waiver of presentation of secondary
in the presence of the parties, done with notice to evidence by the party requesting but there is no
the parties. presumption.
 PHOTOGRAPH, duly authenticated.
Party who requested the production of original document
2 KINDS OF DEMONSTRATIVE EVIDENCE is not bound to offer it.
1. SELECTED – giving specimens of genuine handwriting
(to compare with questioned handwriting) Q: When can a mere summary of numerous accounts be
2. PREPARED – not ready-made; making of an object
specifically to be used for trial (examples: scale, drawings, A: Only when (a) the record is voluminous and (b) is made
diagrams) accessible to the adverse party.

Contemporaneous acts of the parties are deemed Q: Effect if adverse party challenges the detailed contents
included in their written agreement. Parties are free to of the records of account for being hearsay or inauthentic.
change their minds and agree differently after they signed
their contract. A: He may be allowed access to the original document.

The originals have to be produced for inspection and

FEB. 20, 2018 assigned to court-appointed auditors for verification and
report otherwise examination will be…
Q: A party intentionally destroyed the original document,
erroneously believing that it had lost its usefulness. Does QUALIFICATIONS OF WITNESSES
that bar him from presenting secondary evidence?
A: No, since he acted in good faith. 1. ABSOLUTE INCOMPETENCY – forbidden to testify on
any matter (persons of unsound mind); and
Q: What is the order of preference in the kind of secondary 2. PARTIAL INCOMPETENCY – forbidden to testify only
evidence that may be presented to prove the contents of on certain matters due to interest or relationship or
the original document? respecting parties who are covered with privileges.

A: 1. By a copy Q: When do you determine if a person is not qualified to

2. recital of contents be a witness?
3. testimony
1. When he is examined in court;
Q: Would it be enough in every case for just 1 witness to 2. When his deposition is taken; or
testify regarding the contents of the original document 3. Before he is examined in his judicial affidavit.
which was lost?
Q: Will bias render a witness incompetent?
A: As a rule, yes. But in certain cases the law requires a
specific quantum of evidence to prove the existence of the A: No, but it affects his credibility.
lost evidence.
The following cannot be a witness under special
Example: to prove the content of a lost notarial will, at circumstances:
least 2 credible witnesses must clearly and distinctly 1. Convicted of falsification of document, perjury or
establish its contents. A photocopy is suggested for a lost false testimony are disqualified from being a
holographic will. witness to a will; and
2. State witness who have been convicted on any
Q: Remedy of party if the object is in the adverse party’s offense involving moral turpitude.
A: He must give him a reasonable notice to produce the 1. those whose mental conditions, at the time of
original document. If after notice and satisfactory proof of their production for examination, is such that they
the existence, the adverse party fails to produce the are incapable of intelligently making known their
document, secondary evidence may be presented in the perception to others; and
case of its loss. 2. children whose mental maturity is such as to
render them incapable of perceiving facts
Q: Is any particular form of notice required? respecting the matter to which they testify.
Q: When must objection to competency be raised? Q: May the plaintiff testify on facts outside his personal
dealings with the deceased or what the deceased told
A: Under Judicial Affidavit Rule, it must be raised at the him?
time his written testimony is offered.
Effect of failure to object competency: Objection is
deemed waived. Court may, on its own motion, enforce the privilege if
counsel does not raise an objection.
Q: Can a police officer who conducted an ocular
inspection of the scene of violence testify on the Appeal, not certiorari, is the remedy for erroneous
“bloodstain” and distances when he was not present when disqualification of witness.
the crime was committed?

A: He can testify to the scene of the crime, weapons used,

etc.; He can testify on what he found during ocular

Q: Requisites for mental incapacity of a witness:

1. Incapable of making his perception known
2. Incapable at the time testimony is to be made

FEB. 22, 2018


1. Plaintiff
2. Deceased
3. Defendant executor, administrator, or agent of
the deceased against whose estate plaintiff
makes his claim

Q: To what other claim does this rule apply?

A: Claim against estate of person who became insane or

of unsound mind.

Q: Purpose of this rule

1. Guard against tempting the surviving party to
2. Put deceased on equal terms

Q: Does the dead man’s statute operate to bar the plaintiff

from testifying in a suit against the children of the
deceased assailing their claim over the plaintiff’s

A: No, since the suit against the children is not in their

representative capacities. It is when the children are so
placed in the suit that they are called upon to defence that
which they got from the deceased, and make a defences
that he might have had, that they be said to represent the
deceased in the suit.

Q: Suppose the question is not what the right of decease

was at the time of his death, but to whose right should
have descended?

A: Dead man’s statute does not apply because at that

time they cannot be said to represent the decedent or
estate of the deceased.